Who is Liable for a School Field Trip Injury?

The Relentless Pursuit of Justice

This coming Spring semester, your child’s school may be preparing a field trip to the local zoo or museum. These trips are educational, fun, and offer a break for students who may be a bit frustrated sitting in class. These trips away from school can also increase the risk of injury for your child. There have been cases of children being bitten at the petting zoo or falling off park rides. Parents can and have filed lawsuits against the responsible parties as well, seeking compensation to cover the cost of their child’s injury. How did the parents, however, prove who was liable for their child’s injury?

Both schools and businesses can be held responsible for a child’s injury during a school trip. Businesses open to the public can be held liable for injuries that occur on their property. Businesses are required to be cautious and minimize the risk of injury for anyone on their property. This can include:

Maintaining and repairing equipment. If your child is injured on a defective or malfunctioning ride, the establishment could be sued for this negligence.

Installing warning signs.

Installing safety devices like guardrails.

Parents may also sue the school for the child’s injuries. School personnel are required to supervise their students and ensure that everyone is safe and accounted for. If your child is injured due to neglect on the part of the teacher, parents could potentially file a lawsuit against the school. However, keep in mind that if your child goes on a school field trip, the school may require you to sign a waiver and release of liability. These waivers are not always legally binding, however, so they may not be as detrimental to your case as you might initially believe.

If you need assistance filing a personal injury claim for your child’s injuries sustained on a field trip, contact the personal injury lawyers at Goldwater Law Firm. Our attorneys have years of experience handling personal injury cases involving adults and children. Schedule a consultation today.

The city of Phoenix, Arizona has some of the deadliest roads in the entire state. A study looked at the number of accidents and where they occurred. The researchers found that Arizona had a total of 33 roads with the highest death tolls in the state. Since cities are densely populated and have a lot of traffic, it’s no wonder why Phoenix would be on the list.

Out of the 1,222 fatalities on Phoenix roads, 48 percent were due to drunk drivers. There are several roads in Phoenix that really caught the study’s attention due to how high the death count is:

State Route 101 has an estimated 4 deaths per mile

Interstate 10: Between Litchfield Park and Sun Lakes, there have been a total of 64 fatalities. It is the deadliest stretch of road in Arizona thus far.

Interstate 17: near West Bell Road, this four mile stretch had the highest number of drunk driving fatalities in the state.

What Can I Do About This?

If you will be driving these dangerous roads, exercise caution and stay alert to the changing traffic around you. Do not participate in dangerous driving habits such as driving while under the influence, texting while driving, or driving while fatigued. Defensive driving strategies could help you navigate through dangerous traffic scenarios or minimize the risk of getting into an accident. If you are in a car accident and are injured, you can potentially file a personal injury case to get compensated for your injuries. Injuries can include scrapes, burns, broken bones, or amputated limbs.

To ensure you are compensated appropriately, make sure to contact an experienced car accident or personal injury lawyer to look over your case. The attorneys at the Goldwater Law Firm have years of experience handling car accident cases and helping their clients get the compensation they deserve. Schedule a consultation today and we’ll work to help you get your medical costs covered.

There has been a rise in lawsuits against pharmaceutical companies and manufacturers for defective drugs. Usually in these lawsuits, patients who took the defective medication suffered injuries and are seeking compensation for damages. Manufacturers of these medications are required to test their products before letting the public access them. Testing criteria is set by the Food and Drug Administration, or FDA, but this does not mean that the manufacturer’s liability is affected if a medication is proven to be defective. Here is how liability could be proven if you’ve been injured by a defective drug.

The FDA has approved the use of prescription opioids, but opioid manufacturers are still being sued for negligence, defects, and injuries caused by opioids. However, the lines of liability can get a bit murky when it comes to tracking down and proving who was responsible for providing the defective drug. From the doctor who prescribed the pill to the pharmacist who filled the prescription, either party could be liable for your injury. In most defective drug lawsuits, the injured party will have to prove that the manufacturer, doctor, or other accused party owned them a duty of care. The injured party must further prove that the accused party breached their duty of care, this breach resulted in injury, and the injured party suffered damages as a result. It can be tough figuring out who exactly was negligent for what, so it is recommended to contact an experienced lawyer who can help you organize your evidence.

Keep in mind the manufacturers have a duty to warn their consumers of general side effects their drug may cause in a patient. However, it is possible for a manufacturer to be unaware of an undiscovered symptom their medication could cause. Even if this is the case, manufacturers are responsible for knowing all there is to know about their drug and further, for keeping their client’s knowledge up-to-date as more information regarding the use of their medication comes up. There are also medications that can be considered unavoidably unsafe. This means that no matter how carefully made these medications are, they still have potential to cause severe side effects. If these drugs are prepared correctly and have the correct warning labels on them, the manufacturer could have a winning defense against a defective drug lawsuit.

Were you injured due to unexpected side effects from a prescription medication? Contact an experienced attorney today. The personal injury lawyers at Goldwater Law Firm can give you appropriate legal counsel and do their best to get you the justice you deserve.

In October of last year, a man suffered a brain hemorrhage that his wife claims was caused by excessive energy drink consumption. The doctors, the woman claims, blamed the energy drinks after running a toxicology and drug report. The injured patient had to go through extensive surgery, losing part of his skull and a great deal of every day skill sets due to swelling in the brain. It has been documented that energy drinks can cause heart palpitations and are particularly dangerous to mix with alcohol. However, this injury is far more severe. Can energy drinks really cause brain hemorrhages?

According to the National Institute of Health (NIH), the large amount of caffeine found in energy drinks can cause anxiety, sleep disruption, and digestive problems. They can also cause blood pressure, blood flow, and hearth rhythm issues. In the case of the man who suffered a brain hemorrhage, it is theorized that due to over-consumption of energy drinks, the victim’s blood pressure may have risen. This could have increased the risk of and caused the hemorrhage. In the drinks the man consumed, doctors noted an additional ingredient similar to amphetamines and others known to stimulate the sympathetic nervous system.

The victim survived his injuries and continues his long journey towards recovery. However, some folks are not so lucky. Energy drinks have been blamed for several deaths, including a teenage boy who was reported to have drunk too much caffeine too quickly, causing his heart to go into cardiac arrest. Further, 5 Hour Energy came under fire for 13 death cases linked to their energy drink. It’s not just the ingredients in the can but also how much is being consumed in one sitting. Keep this in mind before you drink that second Red Bull.

When it comes to injuries caused by energy drinks, many people don’t know where to turn for help. The lawyers at Goldwater Law Firm have the knowledge and experience you need to help file your personal injury case. Contact us today.

Following a seven-year review of US Food and Drug Administration (FDA) inspections of medical device manufacturing facilities as well as medical device recalls, findings have revealed that rotating safety inspectors could help lower safety risks for consumers.

What Are the Benefits of Rotating Safety Inspectors?

The seven-year study was conducted by researchers at the University of Minnesota, the University of Wisconsin and Indiana University. According to researchers, safety inspections were most successful when they were conducted by a new inspector rather than a safety inspector that was already familiar with the facility.

The researchers say that inspection results are very often able to predict when a medical device recall is about to happen, but only if the inspection is carried out by a FDA inspector that has never inspected the medical device manufacturing facility before. Per the results of the study, the chances of a recall happening rose 21 percent the second time the same inspector inspected a facility and the likelihood of a recall rose 57 percent the third time the same inspector inspected a medical device manufacturing facility.

The personal injury attorneys at The Goldwater Law Firm are dedicated to fighting for the rights of injury victims and their families, including holding the individual or organization responsible for their pain and suffering accountable.

Business Insider recently featured a report revealing that millennials ignore product recalls more often than any other age group in the US. This claim was based on a survey of over 1,000 US citizens. Reportedly, the survey showed that the majority of Americans comply with product recalls. However, of those who said they do not comply with product recalls, most of them were 18 to 34 years old, an age group known as the millennials.

According to the results of the survey, compared to baby boomers (people age 55 and older), millennials are twice as likely to ignore a product recall notice for items including consumer electronics, pharmaceuticals, food and automobiles. This is an especially a big problem, because per the Business Insider report, millennials are now the largest living generation in the US.

Why You Should Never Ignore a Product Recall

Ignoring a product recall can lead to devastating results. Whether it is an auto recall, drug recall or consumer electronics recall, if a company alerts you that their product is faulty, you need to listen. For instance, the last thing you want to do is drive around on tires that are defective, because you ignored a tire recall. It could lead to a tire blowout and a car accident, which could include you suffering a catastrophic injury or someone you love losing his or her life.

Unfortunately, companies do not always issue product recalls as soon as they should or at all. In some cases, it is because they knew about the defect, but felt the recall would be too costly to their bottom line and instead chose profits over the safety of consumers. If you were injured or someone you love was killed because of a product recall-related accident or injury, you should talk to an experienced product liability attorney as soon as possible.

At The Goldwater Law Firm, our personal injury attorneys are dedicated to protecting the rights of injury and wrongful death victims and their families, including bringing the individual or organization responsible for their pain and suffering to justice.

Thank you for visiting our personal injury website. At Goldwater Law Firm, PC we are committed to providing accident victims with the compassionate yet aggressive representation that they need in order to seek the monetary compensation they deserve following a serious accident. We have a Chandler personal injury attorney is experienced in helping injured victims recover the compensation they are entitled.Suffering injury in an accident of any kind can be very traumatic to the accident victim as well as his or her family. It may lead to financial difficulties as well as extensive emotional trauma, depression, and anxiety. At times, the injuries themselves may limit the way the victim is able to live his or her life from here on out. Personal injury law offers those who have been injured because of another’s negligent conduct the opportunity to seek justice and financial compensation from the responsible party. This may be another driver who caused an auto accident, a negligent doctor who slipped and caused a serious injury, or perhaps a dog owner who did not properly control his or her dog, causing it to attack. Whatever the circumstances of the case, the victim can seek the help he or she needs from an experienced Chandler personal injury attorney.

In talking to an attorney about your case and your legal options, you can find out more about what steps you can take to maximize your potential financial recovery after an accident or other related incident. This may make a significant impact on the outcome of your case as well as your ability to rebuild your life.

RESPONSIBILITY IN INJURY CLAIMS

Legal responsibility, or liability, is an important part of any personal injury claim, whether this is related to a slip and fall accident, auto accident or dog bite. It will be necessary for the plaintiff (the victim) to establish the fault of the defendant (the person against whom a personal injury claim is brought). To do this, the following factors will need to be addressed:

The defendant had an obligation to the plaintiff, to act with a certain level of caution or to provide a standard level of care.

The defendant did something or failed to do something that violated this obligation.

The action or failure to act was the proximate cause of the plaintiff’s injuries.

In personal injury claims, fault is established and guilt is found based upon a preponderance (majority) of evidence. Unlike criminal cases where guilt must be proven beyond any shadow of a doubt, personal injury claims are resolved by proving that it was “more than likely” that the defendant’s actions led to the plaintiff’s injuries.

By establishing the fault of the defendant in a personal injury claim, a Chndler personal injury attorney can help an accident or injury victim seek and recover financial compensation that will enable the victim to begin rebuilding his or her life. The penalties imposed in civil court are financial in nature. As such, the damages awarded to the victim will be intended to assist the victim in rebuilding and recovering to a similar position as to before the accident occurred. This may include money for medical care, future treatment, physical therapy, occupational therapy, lost wages from missed work, future lost earnings, and emotional injuries as well. An attorney’s goal will be to assist the victim in recovering just monetary damages.

While it may be tempting to try and handle your case on your own, the emotional and legal benefits of having an experienced personal attorney fighting at your side are immeasurable. When in negotiations with insurance companies, often times your case will be denied, delayed or settled for much less than the desired value to compensate for all physical and non-physical losses incurred from the accident. Insurance companies are only concerned with their own profit and the bottom line at the end of the day. Promises they make at the beginning are often much more grand than they ever want to live up to, which leaves you hanging out to dry as soon as you’re in actual need. By securing a heavyweight of a Chandler personal injury attorney at the beginning, you are letting them know that you mean business. Often, this simple act can be enough to get them to give you the respect you deserve and allow you to reach a satisfactory settlement outside of court. If not, however, then we are prepared to do whatever it takes in pursuit of the desired results. You can be confident that we will be fighting to protect your rights and work towards your future.

Following an accident, serious injury or loss of a loved one, the last thing anyone wants to deal with is legal paperwork or a lawsuit in order to help ensure that they can get the compensation they need in order to survive financially and move on. Unfortunately, this is what many accident victims and their families go through when they do not immediately hire an attorney to address their concerns and handle all aspects of their claim.

A skilled accident and injury attorney can evaluate your unique situation, make an accurate determination of what would be helpful to the outcome of your claim and then plan a strategy to help you file a claim with the insurance company involved and bring a lawsuit against the responsible party in order to hold them liable for your injuries and losses.

When stuck in one of the most emotional, stressful times in your life, you shouldn’t have to think you have to face it alone. The law can appear daunting and even impossible to overcome at times. The language is complex, the process complicated and it can be overwhelming to consider, let alone try to navigate. This is why having a strong, skilled Chandler personal injury attorney at your side is so incredibly important. With their guidance, you can be ushered through the difficult journey with as little strain as possible. With our intimate, personal knowledge of the law, you can trust that your case will be defended and pursued with precision and dedication. We will leave no stone unturned and no path untaken if we think it will help in the efforts to your success. With experienced and aggressive representation such as this, a victim can focus on what counts: recovery and being with loved ones.

We are here for you if you have been injured or have lost a loved one due to someone else’s negligence or wrongful actions. Your initial consultation is free of charge, and you pay nothing unless we collect compensation on your behalf.

If you are a driver and have driven someone’s car you probably thought what would happen if I got into an accident. Accidents can happen unexpectedly, and many incidents you won’t be able to react and avoid the collision. Here is some information that you may find useful before you get into the seat of a potentially new vehicle.

Dealership Coverage

If you are looking to buy a new car from a dealership, the dealer will usually have an insurance policy for all vehicles on the lot. If an accident happens that is not your fault, the dealerships insurance will cover the damage.

If the car accident is your fault, the dealer will attempt to hold you accountable. If this happens, your insurance company can cover the damage or prove that the accident was not your fault. Many dealerships treat test drive accidents like rental car accidents.

Also if there is an accident due to a faulty vehicle, the dealership will have their insurance cover vehicle damages and compensation for any injuries.

If you have been in a test drive accident and are injured, speak to an experienced personal injury attorney at Goldwater Law Firm, P.C.

Schedule Your Free Consultation Today

If you or a loved one have been injured in an car accident, Goldwater Law Firm, P.C. is ready, to help you get the settlement you deserve. Our experienced car accident lawyers utilize private investigators and accident scene recreations to determine what caused the accident and why you deserve compensation.

Call us toll-free (602-502-6000 or fill out the contact form today.

According to the National Safety Council, traffic accidents that caused a fatal injury rose 14% and personal injuries increased by a third across the nation in the first six months of this year.

Deborah A.P. Hersman, council president, said cheap gas prices and a healthier economy may have contributed to Americans spending extra time on the highway. However, this does not entirely explain the rise in fatalities and injuries.

Roughly 19,000 people were killed in traffic accidents through the month of June. This figure does not include data from July and August, which are extremely high months for fatalities. Hersman states that these developments began in the last quarter of 2014.

More states are increasing speed limits and many drivers are distracted by cell phones and texting. The National Safety Council determined in a spring report that 25% of all crashes involve the use of a cell phone.

Schedule Your Free Consultation Today
If you or a loved one have been injured in an auto accident, Goldwater Law Firm, P.C. is ready, to help you get the settlement you deserve. Our experienced auto accident lawyers utilize private investigators and accident scene recreations to determine what caused the accident and why you deserve compensation.

Call us toll-free (602-502-6000 or fill out the contact form today.

Bob Goldwater of Goldwater Law Firm, P.C. is proud to serve the Phoenix area and beyond. We are proud to say we will have a new site to better help you with your case. You will still have access to our sites which hold valuable information that could pertain to you. Make sure to visit any of our sites and call us if you have any questions.

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Disclaimer: This Website Represents Attorney Advertising. The legal information presented on this site should not be construed as formal legal advice or the formation of a lawyer or attorney-client relationship. If you need legal assistance or would like to discuss your case with an attorney, please fill out and submit the form on this page or contact us toll-free at 800-352-5050. This site is brought to you by Goldwater Law Firm, P.C.